| Case ID |
303c3682-e198-41f8-a03a-38be0232868f |
| Body |
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| Case Number |
Civil Appeal No.78-K of 1987 |
| Decision Date |
Feb 02, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants, confirming that the respondent was the lawful owner of the property based on a registered gift deed. The court emphasized that the tenant admitted to being the tenant of the house, which negated the need to establish the landlord-tenant relationship further. The court ruled that the eviction was not ordered on the grounds of default as stipulated in Section 18 of the Sind Rented Premises Ordinance, and thus the notice requirement was irrelevant in this context. The court concluded that the validity of the gift could not be contested by the tenant, only by the heirs of the donor, if applicable. The appellants were ordered to vacate the premises within four months and to pay rent in advance. |
| Summary |
In the landmark case of Muhammad Ishaq through his Legal Heirs vs. S. Khurshid Alam, the Supreme Court of Pakistan addressed critical issues surrounding landlord-tenant relationships under the Sind Rented Premises Ordinance, 1979. The case arose after the tenant's previous owner gifted the property to the respondent, leading to eviction proceedings. The court ruled that the tenant's admission of tenancy established the necessary relationship, thereby negating the need for further preliminary issues. The court highlighted the importance of the registered gift deed as valid evidence of ownership and confirmed the respondent's right to receive rent as per the Transfer of Property Act. This case underscores the legal principles governing property rights, tenancy, and the implications of registered deeds in Pakistan's property law landscape, providing vital insights for legal practitioners and landlords alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
JAVID IQBAL,
NAIMUDDIN
|
| Lawyers |
Mahmood Iqbal, Advocate Supreme Court,
Muzaffar Hasan Advocate-on-Record,
Khalid Ishaq, Senior Advocate Supreme Court,
Majida Rizvi, Advocate-on-Record
|
| Petitioners |
MUHAMMAD ISHAQ through his Legal Heirs
|
| Respondents |
S. KHURSHID ALAM
|
| Citations |
1989 SLD 917,
1989 PLD 353
|
| Other Citations |
PLD 1988 SC 734,
1983 SCMR 1064
|
| Laws Involved |
Sind Rented Premises Ordinance, 1979,
Transfer of Property Act, 1882
|
| Sections |
15,
18,
2(f),
55(6)(a)
|